RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of eFun WestO, LLC dba Pedego Electric Bikes West Omaha (“Pedego West Omaha”) and its employees, officers, directors, and affiliates (the “RELEASEES”) agreeing to my participation in one or more bicycle rides and/or my use of a bicycle or equipment owned or operated by the RELEASEES (collectively, the “Equipment”) I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in one or more bicycle rides and/or my use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to my participation in any bicycle ride or my use of the Equipment; 2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in any bicycle ride or my use of the Equipment. 3.This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity. 4. This Release Agreement and any rights, duties, and obligations as between the parties to this Release Agreement shall be governed by the interpreted solely in accordance with the laws of the province of and no other jurisdiction; and 5. Any claim or litigation involving the parties to the Release Agreement shall be brought solely within the Commonwealth of Virginia and shall be within the exclusive jurisdiction of the Courts of that state. In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the RELEASEES with respect to the safety of participating in any bicycle ride or my use of the Equipment, other than what is set forth in this Release Agreement. I confirm that I am entering into this agreement voluntarily. I confirm that I have been advised to always wear a bicycle helmet while riding the bicycle. I warrant that I am competent to ride safely and that my bicycle and equipment are in safe working condition. I agree to obey all traffic laws and to practice safety and courtesy when cycling. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. |